UNION CITY – REAL ESTATE NON-DISCLOSURE AND MISREPRESENTATION – REAL ESTATE BROKER FRAUD – BROKER NEGLIGENCE – DUAL AGENT – MISREPRESENTATION AND CONCEALMENT – ROOF LEAKS – CONSTRUCTION DEFECTS – LITIGATION – SETTLEMENT
The buyer of a single-family residence in Union City was represented by a real estate broker who acted as a dual agent in the transaction. The broker and the sellers misrepresented and concealed material facts from the buyer relating to roofing deficiencies and leaks, other serious construction defects, and the rentability of a detached cottage on the property. The broker failed to comply with several important professional obligations, including the failure to provide the required Transfer Disclosure Statement. The buyer retained MLF, a lawsuit was filed, and the matter was settled at mediation with the client recovering $391,500 in damages.
BLACKHAWK – SEWER LINE BACKUP – PROPERTY DAMAGE – INSURANCE – LITIGATION
When the main sewer line servicing the Blackhawk Country Club backed up as a result of tree root infiltration, forcing raw sewage into two large homes and their outbuildings, MLF represented the homeowners in a lawsuit against the Central Contra Costa Sanitary District and recovered $150,000 for one homeowner and $265,000 for the other homeowner, as well as an additional $180,000 in homeowner’s insurance benefits, for a total recovery of $595,000.
OAKLAND – LANDSLIDE – FOUNDATION DAMAGE – DRAINAGE – DEVELOPER – HOMEBUILDER – LITIGATION
When a landslide below an Oakland home immediately adjacent to Highway 13 caused damage to the homeowners’ lot, deck, foundation and landscape improvements, MLF represented the homeowners in a lawsuit against the original developer. CalTrans repaired the slide and the homeowners recovered a total of $372,500 in damages from the developer and other responsible parties.
OAKLAND – STORM DRAINAGE – INVERSE CONDEMNATION – FLOOD DAMAGE – LITIGATION
The property of an Oakland homeowner was situated at the base of a high cliff which in heavy winters delivered waterfalls of water that would overrun the City of Oakland’s storm drain system and flood her property. MLF litigated with the City and negotiated a settlement agreement whereby the City agreed to and did design and construct a new storm drain system adjacent to the homeowner’s property.
LAFAYETTE – HOA – HOMEOWNERS’ ASSOCIATION – LANDSLIDE REPAIR – LICENSE & ACCESS AGREEMENT
A homeowners’ association in Lafayette retained MLF to negotiate a license and access agreement with a large homebuilder, enabling the homebuilder to enter onto the association’s property and repair ancient landslides (at an expense exceeding a million dollars) that posed a hazard to both the association’s property (including several homes) and the homebuilder’s adjacent multi-home development, all at the sole expense of the homebuilder.
WALNUT CREEK – REAL ESTATE NON-DISCLOSURE – GEOLOGIC HAZARD – TRIAL AND DEFENSE VERDICT
MLF obtained a defense verdict after trial on behalf of a Walnut Creek homebuilder accused of failing to disclose geologic conditions upon and near a Walnut Creek home site, including a judgment against the buyer-plaintiff for all of the attorney’s fees and costs incurred by the homebuilder in successfully defending the disclosure claim, in the amount of $85,000.